Drugs in the UK workplace

Drug use is an increasing problem for UK employers. Evidence suggests the risks of employees attending work under the influence of both drugs and alcohol have increased in the last 10 years. Drugs have multiple affects on the brain and the body, often lasting for long after the drug is consumed, and this can affect an employee's performance at work, even if the misuse takes place outside the place of work.

Employers have a duty to ensure a safe workplace, as far as is reasonably possible, this should include measures to ensure that their employees are not a danger to other employees, or the general public, as a consequence of illicit drugs or alcohol while working.

UK Law

If you are an employer wanting to test staff for drugs of abuse, consent has to be given. If your contract of employment has no drug and alcohol testing clause, you may still approach any employee and request they provide a sample for drug and alcohol testing, at any time. They can refuse.

Drug and alcohol testing policy

It is recommended that you have a contract clause as a part of the basic employment contract for all staff, covering random workplace drug and alcohol testing, with a clear statement of the companies drug and alcohol policy, making it clear that attending the workplace under the influence of drugs and alcohol is un-acceptable.

Once agreed this forms a basic consent agreement for the employee. All staff with such a contract may be subject to random drug tests, and have agreed that the use of drugs in the workplace, or being under the influence of drugs in the workplace, is a dismissible offence.

It is also important to operate the drug testing program in a fair and appropriate fashion,and keep up to date on the latest government legislation.

What drugs do I need to test for ?

On site testing is easy to do in-house, saves money and time and quickly screens out all your negative results allowing your staff to get back to work with minumum disruption.

You are advised to test for the following 5 drug groups listed below. This set forms the baseline for most screening, on to which additional drug groups can be added if required. If you are aware of a specific issue with a single drug, we would still recommend screening for these 5 drug groups. Beyond this you should add additional drugs which are either specified contractually or known to be locally available and problematic in the demographic being tested.The core 5 drug groups that you should test for are:CannabisCocaineAmphetamineOpiates+ Methamphetamine or Methadone or Benzo's

swap Benzodiazepine for Methamphetamine screening for safety critical workplace screening where sedation risk is greater. Consider adding Methadone if there is a local problem known.

All the drug testing kits listed in this section will comply with HSE requirements for employment and pre-employment drug test screening. We offer a large range of combinations, up to 12 drugs if required, but most employers dont need to screen 12 drug groups, 5 or 6 is considered best practice and will cover the majority of what you would normally detect.

If you have not drug tested before, start with the workplace 7 drug cup drug test for urine or the UKDT 6 drug + alcohol saliva drug test.

Exceptions to the above advice include transport, construction industry and the railways (line side certification) where more extensive screening for 10 or 11 drug groups is the norm.

Most employers prefer saliva based first line drug tests

Increasingly UK employers opt for a saliva drug testing kit for their first line screening test. This is fine, but urine testing still offers longer detection.

What to do after a positive workplace drug test result

With every brand or type of instant near patient drug testing kit you use, all non negative results need to be confirmed. Positive results should be cross referenced with the manufacturer's data sheet for legally consumed medications and pharmacy medicines.

If the employee is undertaking a safety critcal role they should not be allowed to continue work until the result is checked. No disciplinary action should be taken until the confirmation is completed, so the normal action is to suspend them on full pay, pending further investigations.

Confirm all non negative results with a lab drug test

The ultimate confirmation test is a laboratory gas chromatography/mass spectrometry drug test, often abbreviated to GC/MS test of the original sample., performed in an accredited laboratory. Accreditation ensures ongoing quality control of the test results. The samples sent, almost always urine, need to be collected using a full chain of custody system and documentation to allow the reported certificate of results to be admissible evidentially in tribunal or disciplinary proceedings. By using a full chain of custody confirmation system, employers protect themselves from legal challenges following disciplinary proceedings.